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(영문) 의정부지방법원 고양지원 2015.08.21 2015고단1043

출입국관리법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall employ any foreigner who has no qualification to sojourn in the Republic of Korea to engage in employment activities.

From October 1, 2014 to December 2, 2014, the Defendant employed D, “C, Egypt, who did not have the capacity to engage in job-seeking activities,” as a simple labor position, with monthly salary of KRW 1.6 million.

In addition, the Defendant employed five foreigners who were not qualified to engage in job-seeking activities in the aforementioned way five times from September 12, 2014 to December 2, 2014, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of an accusation, a written confirmation of foreign employment;

1. Article relevant to the facts constituting an offense, and Articles 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fine) concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order prevents the normal flow of the employment market by employing foreign workers who have no status of stay.

On the other hand, the defendant was accused that he did not have a period of illegal employment of foreign workers, had no record of being punished for the same kind of crime, and that he was notified of a penalty of KRW 7 million and did not pay it.

In addition, the conditions of sentencing, such as the age, character and conduct, family relations, criminal records, the circumstances of this case, and the progress thereafter, shall be determined as the same sentence as the order.